USCG & UTV Sector San Francisco Industry Day 2011

1. USCG & UTV Sector San Francisco Industry Day 2011

2. Topics of Discussion • Subchapter M NPRM Discussion • Applicability • Key Highlight’s New • Where to make Comments • Drug and Alcohol Program • Towing Vessel Bridging Program • Current Status • Phases • Common discrepancies • Question and Answer Session

3. MSTC Eric Pugh, Mike Kelly and Bob Blomerth Subchapter M NPRM Discussion

4. Proposed Applicability • Towing vessels engaged in pushing, pulling, or hauling alongside, • Except • Less than 26 feet not pushing, pulling or hauling alongside a barge carrying dangerous or hazardous material • Engaged in assistance towing • Towing recreational vessels for salvage • Workboats operating exclusively within a worksite

5. Proposed Options • Two options for obtaining a Certificate of Inspection • Towing Safety Management System • Third Party Audits and Surveys • Frequency of Inspections after Initial COI • One every five years • Annual Coast Guard Inspection

6. Key Elements • Standards (Lifesaving, fire protection, machinery, etc.): • Developed specifically for towing vessels • Applicability • Limited to traditional towing vessels – for now. • Focused on risk

7. Key Elements • Safety Management System • The core of operations and compliance • Addresses the human element • Ties management to vessels • Used throughout manufacturing, financing, transportation (ISM mandated, RCP proprietary). • Facilities audited compliance activities • Third-party auditors and surveyors: • Allows for flexibility – service when/where needed • Allows the CG to focus on the area of greatest risk

8. Proposed Rules • Part 136 Certification • Part 137 Vessel Compliance • Part 138 Towing Safety Management System • Part 139 Third Party Organizations • Part 140 Operations • Part 141 Lifesaving • Part 142 Fire Protection • Part 143 Machinery and Electrical Systems and Equipment • Part 144 Construction and Arrangement

9. Where do I make Comments? • Use Docket # USCG-2006-24412 • Online: • http://www.regulations.gov • Fax • 202-493-2251 • Mail Document Management Facility (M-30) U.S. Department of Transportation West Building Ground Floor Room W12-140 1200 New Jersey Avenue SE Washington DC 20590-0001

10. Towing Vessel Center • Visit TVNCOE Website • www.uscg.mil/tvncoe • All related Towing Vessel Material can be found here

11. Public Meetings • Norfolk, VA - October 18, 2011 • St. Louis, MO - October 24, 2011 • New Orleans, LA - October 26, 2011 • Seatac, WA - November 16, 2011

12. Break • 15 Minute Break

13. Coast Guard Drug and Alcohol Program Compliance Requirements • LTJG Patrick Auth • D11 DAPI

14. Regulations • 33 CFR Part 95 – Operating a Vessel While Under the Influence of Dangerous Drugs or Alcohol • 46 CFR Part 4 – Chemical Testing Following SMI Involving Vessels in Commercial Service • 46 CFR Part 16 – Chemical Testing • 49 CFR Part 40 – Procedures for Transportation Workplace Drugs & Alcohol Testing Programs

15. Drug Testing Cutoff Levels DOT 5 Panel Drug Screen Not tested: Synthetic cannabinoids “Bath Salts”

16. What do I need to do to be in full compliance? • Policy • Drug Test • Pre-employment Testing • Periodic Testing/Random Testing • Serious Marine Incident Testing • Reasonable Cause Testing • Employee Assistance Program (EAP) • Management Information System (MIS) Report • Records

17. Pre-employment • All personnel who perform “Safety Sensitive Duties”. • Must be tested with negative result prior to beginning work. • Exemptions: 1) Passed a chemical test required by 46CFR16 within the previous 6 months or, 2) Been subject to random testing for at least 60 of the previous 185 days and has never refused to test or failed a test.

18. Periodic Testing • Applies to all licensed/documented mariners when applying for renewal/endorsements/ upgrades. • Applies to individuals applying for original license/documents. • Exemptions: 1) Passed a chemical test required by 46CFR16 within the previous 6 months or, 2) Been subject to random testing for at least 60 of the previous 185 days and has never refused to test or failed a test.

19. Random Testing • 50% annual testing requirement • All personnel filling “Safety-Sensitive Positions” must be eligible for selection each time • The person choosing the date and time of testing cannot be subject to the requirements. • Random tests must be spread out evenly throughout the year.

20. Serious Marine Incident Testing • Casualty resulting in: • Death • Injury needing medical treatment beyond first aid • Damage in excess of $100,000 • Actual /constructive loss of vessel • Injury which renders individual unfit to perform routine duties • 10,000 gallon oil spill or more • Hazmat spill of a reportable quantity

21. Serious Marine Incident Testing • Must test all persons directly involved • Must be tested by the Marine Employer • Individuals must provide sample • Use form CG2692-B • Personnel tested for drugs and alcohol

22. Reasonable Cause Testing • When should testing occur? • Reasonable and articulable belief that the individual has used a dangerous drug based on direct observation of specific, contemporaneous physical, behavioral, or performance indicators of probable use • Who has the authority to require testing? • Marine Employer

23. Employee Assistance Program • Marine Employer shall provide for all employees • Must include education & training on drug use. • Display informational material • Display Hotline Number • Display Company Drug and Alcohol Policy • Supervisors must receive 60 minutes of training • Crewmembers must be trained (no time requirement)

24. Management Information System (MIS) Report • Required of all marine employers with one exception. • Submit to: Commandant (G-MOA) 2100 Second Street, SW Washington, DC 20593-0001 • Due by March 15, 20— • Can submit via Internet at http://damis.dot.gov/

25. Records (Permanent) • All contracts with Service Agents (C/TPAs; MRO; Collection facilities; Laboratory, SAP, Others). • DER Designation. • EAP Training Records Employee drug awareness Supervisor • Maintain copy of MIS report. • A service agent may maintain these records. Records can be produced at your principal place of business in the time within two business days. • Maintain the records in a location with controlled access.

26. Records (Who and How) • Employer responsibility. • A service agent may maintain these records. Records can be produced at your principal place of business in the time within two business days. • Maintain the records in a location with controlled access.

27. Records (Five Years) • Maintain records of chemical tests with non-negative results for five years (Includes:documentation of refusals to take required alcohol and/or drug tests; substituted or adulterated drug test results); • SAP reports; and • All follow-up tests and schedules for follow-up tests.

28. Records (One Year) • Maintain records of chemical tests with negative results for1 year.

29. What are your options? • Join a Consortium/Third Party Administrator(C/TPA) Drug and Alcohol Program Management Company • Run your own Drug Program

30. Joining a C/TPA with a Letter of Regulatory Compliance (LORC) • Determine who is responsible for managing the required elements of being in compliance. • Have easy access to the compliance letter or contract to show compliance. • Marine employer is STILL responsible for meeting regulatory requirements.

31. What happens if I do not comply? • First, up to 30 day period to comply • Next, Letter of Warning Captain of the Port Order- to stop operation Suspension/Revocation of license Civil penalties- $5,500 per day per violation

32. For Your Information • http://www.gpoaccess.gov/ecfr for current Code of Federal Regulations • G-MOA drug and alcohol test website will include: regs, forms, audit sheets, commonly asked questions, etc. http://www.uscg.mil/hq/g-m/moa/dapip.htm • DOT regs at http://www.dot.gov/ost/dapc/ Patrick.B.Auth@uscg.mil 510-437-6624

33. Break • 15 Minute Break

34. Coast Guard UTV Examinations

35. Towing Vessel Bridging Program • Overview of the three phases • Where to find details of the program • Compliance Issues

36. TVBP: A Bridge to Inspection Towing Vessel Bridging Program 3 Phases Sub M - Inspected Sub C - Uninspected

37. Phase 1 – Voluntary Compliance • Current phase • Industry initiated exams • Sector San Francisco is contacting all operators and scheduling exams • Examination sticker will be issued after successful completion of exam. Good for three years

38. Phase 2 – Targeted Action • Industry initiated exams will continue to be done in Phase II • CG will target UTVs for inspection • Focus will be towing vessels without a current decal

39. Phase 3 – Inspected TV • Implementation of Subchapter M • Towing Vessel receives COI

40. Where can I find all this stuff? • All info posted on Homeport- you do not need to login to obtain info- http://homeport.uscg.mil (or google "homeport") • Transparency is a key compenent of the program. • TVBP Outreach Workbook • TVBP message, policy memo, powerpoint, training message • UTV Exam Form

41. Download: Exam Book, Exam Form, Policy Where to find information

42. Notice of Public Rule Making (NPRM) • Subchapter M currently under review • Get involved during the comment period (120 days) • Attend or have representation at scheduled meeting in your area. Typically held on the Great Lakes, West Coast, East Coast, and Gulf Coast.

43. After nearly 2000 uninspected towing vessel exams, some key issues have surfaced. Current compliance issues

44. Unfired Pressure Vessels (UPV) • E.g. engine start/clutch air receivers • Currently not regulated by CG • Problem: found some UPVs may present a “hazardous condition” which could seriously injure crewmembers • Missing or improperly rated relief valve • Missing data plate or documentation to prove that the tank was built to a standard • Improper maintenance and/or repairs

45. Problems Found

46. Problems Found

47. Fixed CO2 Fire Suppression Systems • Must be type approved or accepted by CG IAW 46 CFR 25.30-15 • Must be installed IAW 46 CFR 76.15

48. Problems Found • CO2 systems with over 300lb capacity are located inside the space being protected. • Inadequate amounts of CO2 to protect the space.

49. Fire Detection Systems • 46 CFR 27.203 • Must be CG approved or listed by independent testing laboratory • Vessels whose construction was contracted for before Jan. 18, 2000, may use existing engine-room-monitoring system (w/ fire detection capability) if it’s operable and complies with the installation requirements • Must be certified by Professional Engineer or Classification Society as complying with installation requirements • Problems: vessels found with unapproved/unlisted detection systems; missing certification letters

50. Listing of CG Approved Equipment http://cgmix.uscg.mil/equipment/